There is currently a relevant set of frequency bands reserved and available for electronic communications services and for the provision of the Land Mobile Service (LMS), as announced within the scope of the National Table of Frequency Allocations (NTFA) 2010-2011, approved by determination of ICP-ANACOM of 07.07.2011 1.
In effect, the following frequency bands are reserved and available for electronic communications services, according to relevant European Decisions: 791 - 821 MHz / 832 - 862 MHz (800 MHz band), 880 - 890 MHz / 925 - 935 MHz (900 MHz band), 1710 - 1785 MHz / 1805 - 1880 MHz (1800 MHz band) and 2500 - 2690 MHz (2.6 GHz band).
In addition, the following frequencies are reserved and available for the provision of LMS: 455,80625 - 457.45 MHz / 465.80625 - 467.45 MHz (450 MHz band) and 1900 - 1910 MHz (2.1GHz band).
In any of the abovementioned bands, the allocation of the rights of use of frequencies as announced in the NTFA 2010-2011 is exigible.
In this context, it is recalled that within the scope of the public consultation of the NTFA relative to 2007 2, an expression of interest was promoted with regards to the reservation of frequencies for the LMS operation in the 450 MHz, 900 MHz and 1800 MHz frequency bands. As a result of this market auscultation, ICP-ANACOM considered that spectrum in the 450 MHz band should, namely, be made available to the market. It also considered the availability of free spectrum in the 900 MHz band (designated as "Extended GSM"), complemented with other bands, possibly in higher frequencies, which could allow more localised solutions to be designed to respond to situations of greater traffic demand, in particular in the 2.1 GHz and 2.6 GHz frequency bands. It should also be noted, with respect to the 1800 MHz spectrum, that there were available in the NTFA, since 2002/2003, 150 channels(2 x 30 MHz) reserved for the provision of the land mobile service by the existing providers, having been decided, from 2007 onwards, to eliminate that condition, with the following footnote "Allocation process resulting from the Decision of ICP-ANACOM, taking into account, among others, the expression of interest that is promoted in this publication (Annex 5), as well as relevant European decisions on this matter". Therefore, ICP-ANACOM, having assessed the comments received and following the recent announcement of the industry/operators of technological developments/equipment in the 1800 MHz, is of the opinion that the provision of the entire spectrum in the 1800 MHz (i.e. 2x57 MHz) band is adequate.
With regards to the 450 MHz frequency band, a public tender was held, which took place between 2008 and 2009, at the end of which no right of use was allocated, and as such the spectrum in this frequency band remains free.
With regards to the 2500-2690 MHz frequency band (2.6 GHz), by determination of the Management Board of ICP-ANACOM, of 11.12.2008 3, the launch of a public consultation was approved, which set out to collect the opinion of various intervenients in the market (manufacturers, operators, users and others), considering that the expressions of interest received would constitute a relevant contribution in the preparation of the decision on the future framework that would define the means of allocation and use of this band. This consultation also took into account the positions debated in international organisations, namely within the European Union (EU) and the European Conference of Postal and Telecommunications Administrations (CEPT). ICP-ANACOM concluded, following analysis of the contributions received, that the market would be allowed to combine the 2.6 GHz band with the remaining spectrum available, although no closed aggregations of radio spectrum would be defined a priori, giving the various intervenients in the market the opportunity to, in the same selection process, be able to define the aggregation that best suited them, based on what was available (at the time, 1800 MHz and 2.1 GHz frequencies).
With respect to the 2.1 GHz band, it is noted that by determination of 4.2.2009, ICP-ANACOM decided to repeal, following the renunciation submitted by SONAECOM, S.A., the respective right of use of the block of 5 MHz of UMTS TDD frequencies, corresponding to the 1900-1905 MHz frequencies, that had been consigned to the company for the operation of the UMTS system. This block, plus the one resulting from the withdrawal of the license of ONI WAY - Infocomunicações, S.A., in particular in the UMTS TDD sub-band, totals 2 blocks of 5 MHz available in the 2.1 GHz band.
Going back to the spectrum in the 900 MHz and 1800 MHz band, it should be noted that within the scope of the NTFA 2009-2010, following the public consultation launched through the determination of the Management Board of 23.12.2009 4, and taking into account the process of refarming of that spectrum and the publication of Directive 2009/114/EC 5, and of Decision 2009/766/EC 6 the technological restrictions in relation to the designated GSM spectrum in said bands were eliminated, allowing the use of UMTS in addition to GSM. The recent Decision 2011/251/EU 7 that amends Decision 2009/766/EC, allows the implementation of LTE and WiMAX technologies, provided the conditions of coexistence identified in said Decision are respected. It must also be ensured that all these systems provide adequate protection to the other systems that operate in adjacent bands.
Finally, with regards to the 800 MHz frequency band, ICP-ANACOM, by determination of 16.12.2010 8 and following the adequate public consultation procedure launched on 28.09.2010 9, decided: (i) to designate and provide the 790 - 862 MHz band for electronic communications services in conformity with Decision 2010/267/EU 10 and carry out the corresponding amendment to NTFA and (ii) provide the said band before 2015 depending on the definition of technical and geographic conditions aimed at compatibilising, namely, the uses of Spain and Morocco. It should be noted that the process of substitution of channel 67 by channel 56 11 is underway, thus allowing the release at a time that is compatible with the start of the selection procedure for the allocation of rights of use of frequencies in the 790-862 MHz.
It is based on this framework relative to the various frequency bands available, in particular the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands, that the present draft decision is conducted.
1 Available at https://www.anacom.pt/render.jsp?categoryId=2958.
2 Available at Consultation on NFAP 2007https://www.anacom.pt/render.jsp?contentId=1071344.
3 Available at Rights of use in the 2.6 GHz bandhttps://www.anacom.pt/render.jsp?contentId=776018.
4 Available at National Frequency Allocation Plan (NFAP 2009/2010)https://www.anacom.pt/render.jsp?contentId=1001855.
5 Directive 2009/114/EC of the European Parliament and of the Council, of 16 September 2009, which amends Directive 87/372/EEC of the Council on the frequency bands to be allocated for the coordinated introduction of pan-European public cellular digital land mobile communications in the Community.
6 Commission Decision 2009/766/EC, of 16 October 2009, relative to the harmonisation of the 900 MHz and 1800 MHz frequency bands for terrestrial systems capable of providing electronic communications services in the Community.
7 Commission Decision 2011/251/EU of 18 April 2011 that amends Commission Decision 2009/766/EC, of 16 October 2009, relative to the harmonisation of the 900 MHz and 1800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community.
8 Available at Designation of 790-862 MHz sub-band for electronic communications serviceshttps://www.anacom.pt/render.jsp?contentId=1064178.
9 Available at Consultation on designation of 790-862 MHz sub-band for the provision of electronic communication serviceshttps://www.anacom.pt/render.jsp?contentId=1053883.
10 Commission Decision 2010/267/EU, 6 May 2010, on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union.
11 See Consultation on alteration of Mainland Portugal DTT channelhttps://www.anacom.pt/render.jsp?contentId=1076945.
